A GROUP of lawmakers have filed a bill granting media practitioners the rights equitable to those enjoyed by government and private sector workers, such as security of tenure, hazard and overtime pay, mandatory additional insurance coverage, and other job-related benefits.
Camarines Sur congressmen Miguel Luis Villafuerte, Luigi Villafuerte, and Tsuyoshi Anthony Horibata, along with Bicol Saro party-list Rep. Terry Ridon, introduced the “Media Workers’ Welfare Act” guaranteeing rights of journalists to self-organization and additional economic benefits enjoyed by other workers, and to establish a safe, protected atmosphere conducive to their productive, free and fruitful work.
“Media workers serve as frontliners in ensuring public information, promoting freedom of the press and expression, and upholding democracy, hence contributing to shaping public discourse and act as watchdogs in government accountability issues that, at times, jeopardize their safety and security,” House Bill (HB) 1985 read.
“But despite their significant role in our society and the nature of their work, “media workers face a wide array of labor standards and protection issues in the country,” it added.
“These include contractualization, lack of security of tenure, and dangerous working conditions,” the proponents of the measure said.
In line with the government’s responsibility to protect Filipino media practitioners and effort toward the realization of these constitutional mandates, the authors of HB 1985 said their proposed law
ensures that journalists receive a minimum wage, overtime pay, night shift premiums, hazard pay, and other forms of compensation provided by the Labor Code of the Philippines and other related laws and issuances.
HB 1985 also provides media workers with social security and welfare benefits, as well as mandatory additional insurance subsidies such as death benefit, disability benefit, and medical insurance benefit.
The measure also classifies mediamen as regular employees after six months from the start of employment, and mandates the Department of Labor and Employment (DOLE) to create a News Media Tripartite Council (NMTC) that will serve as a platform for media workers and their employers to craft mutually beneficial policies and settle labor disputes.
Miguel Luis Villafuerte, chairman of the Committee on Information and Communications Technology (ICT), said this pro-media proposal was passed by the House in the 19th Congress, but was not enacted into law as the Senate had failed to pass its counterpart measure.
HB 304, authored by then congressman-now CamSur Gov. LRay Villafuerte along with Miguel Luis Villafuerte and Horibata plus the Bicol Saro party list, was passed by the House in May 2022.
“That this proposed measure was approved on third and final reading by the House of Representatives in the 19th Congress, underscored the overwhelming support in the chamber at that time for improving the welfare of Filipino media workers,” House Deputy Majority Leader Luigi Villafuerte said.
The bill’s four authors said Congress approval of HB 1985 aligns with Section 10, Article XVI of the 1987 Constitution which mandates the State to “provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.”
“Further, Section 18, Article II of our Charter provides that ‘The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare,’” they added.
This Act shall apply to all media workers and media entities in the private sector.
“Media workers” are defined in HB 1985 as those who are legitimately engaged in news media practice, directly or indirectly, whether as a principal occupation or not.
The bill defines “media entities” as persons or organizations, including media networks and operators that actively gather information of potential interest to a segment of the public, turn collected information into a distinct work, or distribute that work to an audience within the Philippines.
HB 1985 states that media workers shall not receive less than the applicable minimum wage rate prescribed by the Regional Tripartite Wages and Productivity Board RTWPB, and shall be entitled to overtime pay and night shift premiums, as well as other forms of compensation provided by the Presidential Decree No. 442, as amended, otherwise known as the “Labor Code of the Philippines”, and other related laws and issuances.
They shall be covered by the Social Security System (SSS), Home Development Mutual Fund (Pag-IBIG) and the Philippine Health Insurance Corp. (PhilHealth) upon employment.
The payment of monthly contributions shall be jointly shared by the media workers and their employers, when applicable, in accordance with existing rules and regulations.
Media workers shall also be entitled to retirement benefits as provided under Republic Act (RA) No. 11199, otherwise known as the “Social Security Act of 2018.”
The bill provides that media workers who are required to physically report for work in dangerous areas such as strife-torn or embattled areas, distressed or isolated stations, disease-infested areas or in areas declared under a state of calamity or emergency for the duration thereof which expose them to great danger, contagion, radiation, volcanic activity or eruption, occupational risks or perils to life as determined by the DOLE, shall be compensated with a hazard pay in the minimum amount of P500 per day, with no diminution.
The hazard pay shall be computed at P500 times the number of days that the media workers are physically reporting for work in dangerous areas.
The NMTC is empowered by the bill to increase the amount of the hazard pay of media workers.
Under the bill, employers shall provide their media workers covering events in dangerous areas with basic safety gear and equipment such as bulletproof vests and helmets, first-aid kits, fire protection jackets, face shields, medical grade protective equipment, harnesses, safety shoes, and life vests.
Employers shall also provide mandatory additional insurance coverage to their media workers.
To guarantee security of tenure, the bill states that media workers shall be deemed as regular employees after six months from the start of employment, regardless of the nature of employment.
However, the said six months period shall be computed cumulatively if a media worker is repeatedly engaged for shorter periods.
An employer shall not terminate the services of a media worker except for a just or authorized cause, and with the observance of procedural due process.
Violations of the provisions of this Act shall be subject to applicable penalties provided in PD 442, or the Labor Code, as amended, and other related laws and issuances.
Within ninety (90) days from the approval of this Act, the DOLE Secretary, in coordination with media groups, associations, publishers, guilds, and other concerned groups, shall issue the necessary implementing rules and regulations (IRR) for this measure.
